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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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lasek22uk

MMF adding £328 to the alleged Mr Lender debt

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And there we go. The oldest trick in the book. Throw on bogus charges and interest and hope people blindly pay. Then when called out on It, remove it all and make it look like you're doing them.a.favour.

 

Mmf were reprimanded for this before. Looks like Mr lender and mmf are in it together.

 

Something smells fishy


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@ dx, so you think there are more charges added to this account? I sent out CCA request last week to MMF and I wan't to see what is in there. Its huge balance reduction from 787 to 292.

well yes I think I will enter into agreement with MMF if this is still enforceable as I know, loans need to pay off.

Again, I feel so stupid and shame on me that I put myself in spin of PDL. But I was taking selfishly one to cover other loans.

 

@ renegadeimp, I agree and starting up complaints has resolved some of my issues, but you think there is some doggy business going here?

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Its PDL's and MMF. Guarantee theres dodgy business going on. Why do you think theyve removed all the bogus stuff the second you challenged them on it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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And just like that.

 

If you are stating that the loan was unaffordable, as a gesture of goodwill Mr Lender are able to support you by requesting for MMF to reduce your balance to the capital remaining left to pay of £292.50. This will mean you wont pay any interest on your loan.

 

They are not obliged to do this, but shows that they are in the wrong with this one. If they had concrete evidence to go on then this would have gone further by now!

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Hello Folks,

 

Some latest updates. Mr Lender contacted me already and I had already left this update some time ago.

Here is what they said.

 

"Mr Lender are able to support you by requesting for MMF to reduce your balance to the capital remaining left to pay of £292.50. This will mean you wont pay any interest on your loan.

Once the balance has been settled then we can also remove any adverse information from your credit file as a further gesture of goodwill"

 

However I was chasing still MMF on accounts for: CFO Lending and other PDL as:

Quick Quid

Pounds Till Payday

Speed Loan

 

 

This morning MMF kindly replied to me:

Mr....

I have provided a response to your queries, individually, below:

 

Pounds Till Payday

Please accept our apologies, the default date should have read 30/05/2008.

 

Quick Quid

We can confirm that this debt is now statute barred under Limitation Act 1980, and as such, the remaining balance of £987.00 has been written off.

 

Speed Loan

We can confirm that when purchasing the debt from Speed Loan, we were not aware whether a default had been accurately registered on your credit file. MMF have therefore not reported any information about this with the Credit Reference Agencies.

 

We have received your letter dated 29 August 2017 and can confirm that your request is currently being processed by our Customer Support Department. You should receive further information in due course. If you need to contact us in the meantime, please feel free to email.

Kind Regards

MMF

 

 

 

So lets see responses from MMF as I emailed them back:

 

Thank you for prompt response with regards to my concerns about Quick Quid as well with Pounds Till Payday.

 

I also understand the Pounds Till Payday is now statute barred under Limitation Act 1980, as the default date according to yuor records is 30/08/2008 and as such, any of the remaining balance will be written off.

Please confirm.

 

I will look forward on more details about Speed Loan.

 

 

Kind regards,

xxxx

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Well done!!

 

Ruddy MMF placing fake defaults needs reporting to the ICO


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MMF got done for this a while ago, and had their wings severely clipped. As DX said, get it to the ico and FCA, so it can be added to other complaints and shown they are totally ignoring things.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hello all,

 

Previously I was given update as following by MMF people:

 

I have provided a response to your queries, individually, below:

Pounds Till Payday

Please accept our apologies, the default date should have read 30/05/2008.

 

Quick Quid

We can confirm that this debt is now statute barredicon under Limitation Act 1980, and as such, the remaining balance of £987.00 has been written off.

 

Speed Loan

We can confirm that when purchasing the debt from Speed Loan, we were not aware whether a default had been accurately registered on your credit file. MMF have therefore not reported any information about this with the Credit Reference Agencies.

 

 

This morning MMF kindly replied to me:

Mr....

 

Thank you for your email Mr xxxxx

 

We can confirm that your loan with Pounds Till Payday is also statute barred under the Limitation Act 1980. The remaining balance of £212.82 has also now been written off.

In relation to Speed Loan, please can you expand on what details you are looking for so that I can send this over to you?

 

 

Kind Regards

 

___________________________________

 

So another PDL debt written off, however they were asking for payments. So I now need to ask them politely about SpeedLoan and my DCA request I have sent them.

Not sure why they asking such a question in relation to SpeeLoan..

 

Cheers,

l

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Keep that letter/email. Theyre known to sell it off, even though its SB.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hello all,

More from MMF on SpeedLoan...

 

We can confirm that the loan with Speed Loan was taken out on 10 September 2009 and was due to be paid by 10 March 2011.

Unfortunately we are unable to confirm if Speed Loan ever defaulted your account with the Credit Reference Agencies.

If you need any further information, please feel free to email.

 

___________________

So they are chasing debt that is not defaulted?

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means nothing to SB date...why do they think that's important?


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dunno when did you last pay it?

 

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Hello all,

More from MMF on SpeedLoan...

 

Sorry for the delay in getting back to you.

We can confirm that this account is also statute barred and the balance of £948.00 has also been written off.

If you have any further queries, please feel free to email.

Kind Regards

MMF

 

So only 2 accounts left at the moment.

Mr Lender who 'kindly' reduced balance to £293

and CFO Loan, where I have not heard back since I sent request for CCA already.

 

Mr Lender - outstanding £293

CFO Loan - CCA sent, still no reply. Outstanding £405

 

Written off:

Quick Quid

Northway - Pounds Till Payday

Speed Loan

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Well done!!

An inspiration


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thanks folks :)

 

Still no news on CFO Loan - CCA sent back in August (21st) , still no reply. Outstanding £405. This is now week 7th.

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Hello all, 2 weeks later and still no news (11 weeks now in total since request was made for CCA).

What should I do in this case now. Still no CCA on CFO Loan.

 

Thank you!

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well till they do they get nothing.

is it defaulted?


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hello Folks, 1 week later and 5 days later... still nothing.. so its now 12 weeks +

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I complained yesterday to MMF and here is their response:

 

Thank you for your email xxxx

 

I have reviewed the matter and can see that you have previously asked for a copy of the Consumer Credit Agreement.

 

I can see that we have previously acknowledged receipt of your request but cannot see that the information has been provided.

 

Your letter that was received on 29 August 2017 and was not deal with through our complaints procedure.

 

This was because this was a request for information and we identified no dissatisfaction within your letter.

 

I will chase up your request today to find out why this has not been provided and will get back to you as soon as possible.

 

Kind Regards

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Good


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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So there is no time period limit?

 

You are better not chasing them. The last thing you want is for them to find it

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